OLD | NEW |
(Empty) | |
| 1 JUnit |
| 2 |
| 3 Common Public License - v 1.0 |
| 4 |
| 5 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
| 6 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| 7 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 8 |
| 9 1. DEFINITIONS |
| 10 |
| 11 "Contribution" means: |
| 12 |
| 13 a) in the case of the initial Contributor, the initial code and |
| 14 documentation distributed under this Agreement, and |
| 15 b) in the case of each subsequent Contributor: |
| 16 |
| 17 i) changes to the Program, and |
| 18 |
| 19 ii) additions to the Program; |
| 20 |
| 21 where such changes and/or additions to the Program originate from and are |
| 22 distributed by that particular Contributor. A Contribution 'originates' from a |
| 23 Contributor if it was added to the Program by such Contributor itself or anyone |
| 24 acting on such Contributor's behalf. Contributions do not include additions to |
| 25 the Program which: (i) are separate modules of software distributed in |
| 26 conjunction with the Program under their own license agreement, and (ii) are |
| 27 not derivative works of the Program. |
| 28 |
| 29 "Contributor" means any person or entity that distributes the Program. |
| 30 |
| 31 "Licensed Patents " mean patent claims licensable by a Contributor which are |
| 32 necessarily infringed by the use or sale of its Contribution alone or when |
| 33 combined with the Program. |
| 34 |
| 35 "Program" means the Contributions distributed in accordance with this Agreement. |
| 36 |
| 37 "Recipient" means anyone who receives the Program under this Agreement, |
| 38 including all Contributors. |
| 39 |
| 40 2. GRANT OF RIGHTS |
| 41 |
| 42 a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 43 Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 44 reproduce, prepare derivative works of, publicly display, publicly perform, |
| 45 distribute and sublicense the Contribution of such Contributor, if any, and |
| 46 such derivative works, in source code and object code form. |
| 47 |
| 48 b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 49 Recipient a non-exclusive, worldwide, royalty-free patent license under |
| 50 Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| 51 transfer the Contribution of such Contributor, if any, in source code and |
| 52 object code form. This patent license shall apply to the combination of the |
| 53 Contribution and the Program if, at the time the Contribution is added by the |
| 54 Contributor, such addition of the Contribution causes such combination to be |
| 55 covered by the Licensed Patents. The patent license shall not apply to any |
| 56 other combinations which include the Contribution. No hardware per se is |
| 57 licensed hereunder. |
| 58 |
| 59 c) Recipient understands that although each Contributor grants the |
| 60 licenses to its Contributions set forth herein, no assurances are provided by |
| 61 any Contributor that the Program does not infringe the patent or other |
| 62 intellectual property rights of any other entity. Each Contributor disclaims |
| 63 any liability to Recipient for claims brought by any other entity based on |
| 64 infringement of intellectual property rights or otherwise. As a condition to |
| 65 exercising the rights and licenses granted hereunder, each Recipient hereby |
| 66 assumes sole responsibility to secure any other intellectual property rights |
| 67 needed, if any. For example, if a third party patent license is required to |
| 68 allow Recipient to distribute the Program, it is Recipient's responsibility to |
| 69 acquire that license before distributing the Program. |
| 70 |
| 71 d) Each Contributor represents that to its knowledge it has sufficient |
| 72 copyright rights in its Contribution, if any, to grant the copyright license |
| 73 set forth in this Agreement. |
| 74 |
| 75 3. REQUIREMENTS |
| 76 |
| 77 A Contributor may choose to distribute the Program in object code form under |
| 78 its own license agreement, provided that: |
| 79 |
| 80 a) it complies with the terms and conditions of this Agreement; and |
| 81 |
| 82 b) its license agreement: |
| 83 |
| 84 i) effectively disclaims on behalf of all Contributors all warranties and |
| 85 conditions, express and implied, including warranties or conditions of title |
| 86 and non-infringement, and implied warranties or conditions of merchantability |
| 87 and fitness for a particular purpose; |
| 88 |
| 89 ii) effectively excludes on behalf of all Contributors all liability for |
| 90 damages, including direct, indirect, special, incidental and consequential |
| 91 damages, such as lost profits; |
| 92 |
| 93 iii) states that any provisions which differ from this Agreement are |
| 94 offered by that Contributor alone and not by any other party; and |
| 95 |
| 96 iv) states that source code for the Program is available from such |
| 97 Contributor, and informs licensees how to obtain it in a reasonable manner on |
| 98 or through a medium customarily used for software exchange. |
| 99 |
| 100 When the Program is made available in source code form: |
| 101 |
| 102 a) it must be made available under this Agreement; and |
| 103 |
| 104 b) a copy of this Agreement must be included with each copy of the |
| 105 Program. |
| 106 |
| 107 Contributors may not remove or alter any copyright notices contained within the |
| 108 Program. |
| 109 |
| 110 Each Contributor must identify itself as the originator of its Contribution, if |
| 111 any, in a manner that reasonably allows subsequent Recipients to identify the |
| 112 originator of the Contribution. |
| 113 |
| 114 4. COMMERCIAL DISTRIBUTION |
| 115 |
| 116 Commercial distributors of software may accept certain responsibilities with |
| 117 respect to end users, business partners and the like. While this license is |
| 118 intended to facilitate the commercial use of the Program, the Contributor who |
| 119 includes the Program in a commercial product offering should do so in a manner |
| 120 which does not create potential liability for other Contributors. Therefore, if |
| 121 a Contributor includes the Program in a commercial product offering, such |
| 122 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
| 123 every other Contributor ("Indemnified Contributor") against any losses, damages |
| 124 and costs (collectively "Losses") arising from claims, lawsuits and other legal |
| 125 actions brought by a third party against the Indemnified Contributor to the |
| 126 extent caused by the acts or omissions of such Commercial Contributor in |
| 127 connection with its distribution of the Program in a commercial product |
| 128 offering. The obligations in this section do not apply to any claims or Losses |
| 129 relating to any actual or alleged intellectual property infringement. In order |
| 130 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
| 131 Contributor in writing of such claim, and b) allow the Commercial Contributor |
| 132 to control, and cooperate with the Commercial Contributor in, the defense and |
| 133 any related settlement negotiations. The Indemnified Contributor may |
| 134 participate in any such claim at its own expense. |
| 135 |
| 136 For example, a Contributor might include the Program in a commercial product |
| 137 offering, Product X. That Contributor is then a Commercial Contributor. If that |
| 138 Commercial Contributor then makes performance claims, or offers warranties |
| 139 related to Product X, those performance claims and warranties are such |
| 140 Commercial Contributor's responsibility alone. Under this section, the |
| 141 Commercial Contributor would have to defend claims against the other |
| 142 Contributors related to those performance claims and warranties, and if a court |
| 143 requires any other Contributor to pay any damages as a result, the Commercial |
| 144 Contributor must pay those damages. |
| 145 |
| 146 5. NO WARRANTY |
| 147 |
| 148 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
| 149 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
| 150 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 151 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
| 152 Recipient is solely responsible for determining the appropriateness of using |
| 153 and distributing the Program and assumes all risks associated with its exercise |
| 154 of rights under this Agreement, including but not limited to the risks and |
| 155 costs of program errors, compliance with applicable laws, damage to or loss of |
| 156 data, programs or equipment, and unavailability or interruption of operations. |
| 157 |
| 158 6. DISCLAIMER OF LIABILITY |
| 159 |
| 160 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 161 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 162 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 163 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| 164 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY |
| 165 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 166 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 167 |
| 168 7. GENERAL |
| 169 |
| 170 If any provision of this Agreement is invalid or unenforceable under applicable |
| 171 law, it shall not affect the validity or enforceability of the remainder of the |
| 172 terms of this Agreement, and without further action by the parties hereto, such |
| 173 provision shall be reformed to the minimum extent necessary to make such |
| 174 provision valid and enforceable. |
| 175 |
| 176 If Recipient institutes patent litigation against a Contributor with respect to |
| 177 a patent applicable to software (including a cross-claim or counterclaim in a |
| 178 lawsuit), then any patent licenses granted by that Contributor to such |
| 179 Recipient under this Agreement shall terminate as of the date such litigation |
| 180 is filed. In addition, if Recipient institutes patent litigation against any |
| 181 entity (including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 182 Program itself (excluding combinations of the Program with other software or |
| 183 hardware) infringes such Recipient's patent(s), then such Recipient's rights |
| 184 granted under Section 2(b) shall terminate as of the date such litigation is |
| 185 filed. |
| 186 |
| 187 All Recipient's rights under this Agreement shall terminate if it fails to |
| 188 comply with any of the material terms or conditions of this Agreement and does |
| 189 not cure such failure in a reasonable period of time after becoming aware of |
| 190 such noncompliance. If all Recipient's rights under this Agreement terminate, |
| 191 Recipient agrees to cease use and distribution of the Program as soon as |
| 192 reasonably practicable. However, Recipient's obligations under this Agreement |
| 193 and any licenses granted by Recipient relating to the Program shall continue |
| 194 and survive. |
| 195 |
| 196 Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 197 order to avoid inconsistency the Agreement is copyrighted and may only be |
| 198 modified in the following manner. The Agreement Steward reserves the right to |
| 199 publish new versions (including revisions) of this Agreement from time to time. |
| 200 No one other than the Agreement Steward has the right to modify this Agreement. |
| 201 IBM is the initial Agreement Steward. IBM may assign the responsibility to |
| 202 serve as the Agreement Steward to a suitable separate entity. Each new version |
| 203 of the Agreement will be given a distinguishing version number. The Program |
| 204 (including Contributions) may always be distributed subject to the version of |
| 205 the Agreement under which it was received. In addition, after a new version of |
| 206 the Agreement is published, Contributor may elect to distribute the Program |
| 207 (including its Contributions) under the new version. Except as expressly stated |
| 208 in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
| 209 the intellectual property of any Contributor under this Agreement, whether |
| 210 expressly, by implication, estoppel or otherwise. All rights in the Program not |
| 211 expressly granted under this Agreement are reserved. |
| 212 |
| 213 This Agreement is governed by the laws of the State of New York and the |
| 214 intellectual property laws of the United States of America. No party to this |
| 215 Agreement will bring a legal action under this Agreement more than one year |
| 216 after the cause of action arose. Each party waives its rights to a jury trial |
| 217 in any resulting litigation. |
| 218 |
OLD | NEW |